Allahabad High Court
RAMENDRA SINGHversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- PANKAJ BHATIA
Holding
The writ petition is not maintainable because the substantive partition suit and injunction application are still pending.
Summary
The petitioner, Ramendra Singh, a co‑owner of a property, filed a writ petition challenging an order dated 27‑Oct‑2025 that allowed an appeal before the development authority and remanded the matter. The petitioner also has a pending partition suit against the respondents (Nos. 3‑9) and an accompanying injunction application that remains undecided. The Court observed that because the partition suit and the injunction application are still pending, the ancillary relief sought through the development authority is not maintainable. It held that the petitioner must seek an injunction, if desired, within the pending suit in accordance with law. Consequently, the writ petition was dismissed.
Issues considered
- Whether the writ petition seeking relief from the development authority is maintainable while a partition suit and injunction application are pending.
Subjects
- partition suit
- injunction
- writ petition
- maintainability
- development authority
- co‑ownership
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 735 of 2026
Ramendra Singh
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Niraj Kumar, Yatharth Nath Pathak
Counsel for Respondent(s) : C.S.C., Mohd Imran Khan
Court No. - 50
HON'BLE PANKAJ BHATIA, J.
1. Heard learned Counsel for the petitioner and learned Standing Counsel.
2. The present petition has been filed challenging an order dated
27.10.2025 whereby, the appeal preferred by the respondent before the
development authority came to be allowed and the matter was remanded.
3. The petitioner claims to be the co-owner of the property along with
respondents no.3 to 9. It was also appears from the record that a partition
suit has been filed, which is said to be pending inter se in between the
parties. In the said suit, an injunction application was also filed but no
injunction was granted.
4. Considering the fact that the suit filed at the instance of the petitioner
for partition is still pending and the injunction application filed by the
petitioner is yet to be disposed of, the relief sought by the petitioner
through ancillary proceedings before the development authority are not
maintainable.
5. The petitioner would be entitled to press the relief for grant of
injunction in the pending suit, if so advised, in accordance with law.
6. The writ petition is disposed off in the above terms.
(Pankaj Bhatia,J.)
May 14, 2026
akverma
Digitally signed by :-
ASHOK KUMAR VERMA
High Court of Judicature at Allahabad
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